Verbraucherbedingungen

Letzte Aktualisierung July 31, 2017

Hips Checkout User Terms ("Terms")

Hips Checkout makes it simple and safe for you to shop online. By using Hips Checkout you may be offered various payment options, such as Pay After Delivery, card payment or direct bank transfer.

BY INTERACTING WITH HIPS AND/OR USING HIPS CHECKOUT YOU CONFIRM THAT YOU HAVE READ AND AGREED TO THE HIPS CHECKOUT USER TERMS SET OUT BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE HIPS CHECKOUT. THESE TERMS ALSO GOVERN YOUR USE OF THE PAY AFTER DELIVERY AND/OR CARD PAYMENT OR DIRECT BANK TRANSFER OPTIONS. IF YOU ARE OFFERED THE PAY AFTER DELIVERY OPTION, ADDITIONAL CHARGES WILL APPLY IF YOU FAIL TO PAY HIPS BY THE SPECIFIED DUE DATE. (see below)

ALL CARD PAYMENTS ARE SUBJECT TO AUTHORISATION BY YOUR CARD ISSUER. IF YOU SELECT TO PAY BY CREDIT OR DEBIT CARD HIPS WILL PROCESS THE PAYMENT IMMEDIATELY WHEN YOUR ORDER WITH THE MERCHANT HAS BEEN CONFIRMED.

BY CLICKING ON THE ‘CONTINUE” BUTTON YOU AGREE THAT WE MAY REUSE DATA YOU PREVIOUSLY PROVIDED TO US AND WE MAY CARRY OUT LIMITED CREDIT SEARCHES TO HELP US DECIDE WHICH PAYMENT OPTIONS TO OFFER YOU. LIMITED SEARCHES WILL BE VISIBLE TO YOU ON YOUR CREDIT FILE AND TO THE CREDIT REFERENCE AGENCY USED BY US. THEY WILL NOT AFFECT YOUR CREDIT SCORE AND AS A RESULT, WILL NOT IMPACT YOUR CHANCES OF OBTAINING CREDIT IN THE FUTURE.

This agreement is a contract between you and Hips and applies to your use of Hips Checkout. The Terms, Privacy Statement and Cookie Statement are incorporated by reference into these Terms and provide additional terms and conditions related to Hips Checkout.

To the extent there is a conflict between these Terms and any applicable additional terms, the applicable additional terms will control unless they expressly state otherwise.

Introduction and Overview

Hips is a provider of financial services, to enable consumers to make online purchases. In the EU/EES, HIPS Betalservice AB is registered as a financial institution firm by Sweden's financial supervisory authority under number 559114-1873 by the Swedish Financial Supervisory Authority (www.fi.se), Box 7821, 10397 Stockholm, Sweden.

Hips AB and HIPS Betalservice AB's principal place of business is registered at Strandgatan 1, 302 46 Halmstad (Sweden), registered in the Swedish companies register under the registration number 559114-1873 and 559057-2821.

Our Role

Hips Checkout is a way of storing your Payment Credentials, but it doesn’t change anything else about your relationship with the Merchant you’re paying or your bank or credit card company. You are ultimately responsible for the purchases you make using Hips Checkout. Also, the Merchant is the one responsible for providing you the goods or services that you purchase using Hips Checkout, not Hips. Hips will use our reasonable efforts to keep your Payment Credentials secure. Hips may buy any debt from you to the Merchant (factoring), in that case you will be notified and must fulfill you payment toward Hips and not the Merchant.

Hips Checkout User Terms

The following user terms apply between Hips AB and HIPS Betalservice AB ("Hips","we") and the user of Hips Checkout (“you”).

If you want to use Hips Checkout

To be eligible to use Hips Checkout, you must:

have full legal capacity to enter into a contract;

be at least eighteen (18) years old; and

provide your personal details.

Establishing your identity, adaptation and risk assessment

Hips Checkout offers you an easy order process adjusted to your personal needs, which makes it easier for you to order goods or services from our partner merchants. In order to identify you and prevent unauthorised use or misuse of Hips Checkout, as well as, when applicable, to enable Hips to make responsible lending decisions, Hips needs to establish your identity.

Hips may request additional information from you in order to comply with our anti-money laundering obligations. You agree to comply with any request for further information that we reasonably require to enable us to comply with these obligations. This may include requiring you to email us or to otherwise provide to us certain documents relating to your identity.

Hips may use information that it collects about you (including any information you previously provided to us and/or information that is publically available on the Internet) in order to determine your creditworthiness and to determine the payment options to offer you. For every use Hips Checkout is adjusted to your individual situation, so you do not need to enter more information than necessary.

Hips may share your data with third parties such as credit reference agencies in relation to risk and fraud information.

Pre-filled forms

If you have used Hips Checkout before (including on another merchant site), your address will be pre-filled as soon as you have entered your email address and your postal code. The approved address may only be used to prefill your address details directly in relation to a purchase. You can easily avoid having the approved address connected to the stated email address pre-filled by applying a PIN code (see below). By finalising the purchase you confirm your identity and a valid delivery address.

Payment, fees

Hips Checkout offers the payment options available to you. Current payment options that may be offered in Hips Checkout are Pay After Delivery, card payment and payment via direct bank transfer. If you are eligible, Hips will offer you the Pay After Delivery option as the default payment option. Hips can at any time add or remove one or several payment options provided in Hips Checkout.

Regardless of the chosen payment option, you will owe Hips (and not the merchant) the money for your purchase. Hips will pay the merchant. Your payment will settle the debt owned by Hips.

Charges and taxes

Using Hips Checkout is itself free of charge, however, additional taxes, interest and fees may be payable if you select any of the payment options.

Pay After Delivery

THIS SECTION HEADED 'PAY AFTER DELIVERY' APPLIES IF YOU ARE OFFERED THE PAY AFTER DELIVERY PAYMENT OPTION.

When paying by Pay After Delivery, you will have the number of days stated in the checkout from when the merchant dispatches the goods/service to pay ("First Due Date"). The number of days you may be offered by Hips can range from 14 to 30 days. When Hips receives notification from the merchant that the goods/service have been dispatched, we will then send you an e-mail informing you of your First Due Date and details setting out how to pay. In the event your goods or services are not delivered within the number of days stated in the checkout and your payment is due before they arrive, please contact our Customer Services team on support@hips.com.

If you fail to make a payment in full by the First Due Date, a late payment fee of up to €8 (but no more than the original purchase amount) will become payable. Hips will send you a reminder by email informing you that the payment is late and will set out the amount payable by you as a late payment fee. We will also provide you with a late payment due date, which will be a minimum of 14 days from the First Due Date, to pay for your purchase and the late payment fee (the "Second Due Date"). If you fail to make a payment in full by the Second Due Date, an additional late payment fee of up to €8 (but no more than the original purchase amount) will become payable. We will also provide you with a late payment due date, which will be a minimum of 14 days from the Second Due Date, to pay for your purchase and the late payment fees (the "Third Due Date").

If you fail to make a payment in full by the Third Due Date, an additional late payment fee of up to €8 (but no more than the original purchase amount) will become payable. We will also provide you with a final deadline date, which will be a minimum of 14 days from the Third Due Date, to pay for your purchase and the late payment fees (the "Final Due Date"). If you fail to pay by the Final Due Date, Hips may employ a debt collection agency for this purpose and you will have to pay reasonable costs incurred by the debt collection agency. If you are late with a payment, we may report this to our credit information supplier. This will affect your credit rating with other lenders.

Use, PIN code

All right, title and interest in and to Hips Checkout are the exclusive property of Hips and its licensors. As a user you may only use the service to make purchases in the prescribed order according to these terms and until further notice. Hips Checkout offers the possibility to apply a PIN code. This PIN code is an option for those who wish to have an extra layer of protection when purchasing online. Please, remember not to choose a number that anyone else can decipher such as your personal number, phone number or similar and not to disclose the code to anyone or to make such a note that it can reveal to others that it is a PIN code.

By using Hips Checkout,

You request Hips to provide you with payment options (including options from cooperating credit companies), the options available may vary depending on the circumstances of each case and at Hips’s discretion, and

You accept that Hips may send communications, payment information, notices and disclosures to you electronically, e.g. to the email address or mobile phone number that you have provided.

Restrictions

In connection with your use of Hips Checkout, you agree not to do any of the following:

breach these Terms, the Privacy Statement, or any other agreement that you have entered into with Hips;

infringe our intellectual property rights;

provide false, inaccurate or misleading information;

fail to provide us with any information about you that we may reasonably request;

reveal your PIN code to anyone else. We are not responsible for losses incurred by you, or by any person other than you, arising as a result of your misuse of your PIN code.

Hips reserves the right to block any user from using Hips Checkout if the user is, or Hips believes it is, involved in any of the restricted activities set out above.

Information not belonging to you

You represent and warrant to Hips by clicking on the "I agree" button, that you are not acting on behalf of, or for the benefit of, anyone else. All details provided must be your details only. The use of information that does not belong to you will be seen as misuse by Hips. The compliance of these terms as well as the terms and conditions for particular Hips services may also affect the risk assessment and the results of your credit check when using Hips Checkout, including without limitation, affecting the payment options that are available to you.

Personal data

Protecting your privacy is important to Hips. Hips and its partners process your personal data in order to provide you a simplified payment service through Hips Checkout and in order to simplify the payment process further when continuing to use Hips Checkout. Hips processes personal data for confirming your identity, administering the customer relationship, preventing misuse or improper use of the payment service, for the prevention of money laundering, customer analysis, assessment on which payment options to offer, risk analysis, risk management, business development, for commercial and marketing purposes on Hips’s and other specially selected partners’ behalf (such as the companies within the Hips group, and the merchant with which you have made a purchase) and for complying with applicable laws. Personal data is all information that directly or indirectly may refer to you. The following categories of personal data may be processed when you use Hips Checkout:

By clicking on the "I agree" button you agree that we may reuse data you previously provided to us and we may carry out limited credit searches to help us decide which payment options to offer you. These limited credit searches will be visible to you on your credit file and to the credit reference agency providing us with the information. They will not affect your credit score and, as a result, will not impact your chances of obtaining credit in the future. The credit reference agencies will supply us with credit information, as well as information from the Electoral Register. We will use this information for confirmation purposes. We may use credit scoring methods to assess your application and to verify your identity.

If you have used Hips’s services previously, there might be information stored about you, e.g. for customer administration, documentation and similar approved purposes. Where available, Hips will use such information to confirm your identity and simplify your use of Hips Checkout. Hips may transfer data to other companies in the Hips group, which may also use the data in the manner and for the purposes described herein. Your data may also be shared with the merchant you are making your online purchase from and payment behavior may be reported back to the credit reference agency. Furthermore, data may be transferred if a debt is sold to an external debt collection agency or equivalent. Data may also be transferred outside of the EU/EEC to a country that does not require the same level of protection of personal data. Hips protects personal data and will impose adequate levels of protection to protect that data. Automated decisions are used to decide on which payment option to offer and whether to offer you the opportunity to apply for credit. You have the right to receive a transcript of records of how your personal data is processed once a year free of charge. You also have the right to correct wrongful information about you.

Hips is the controller for the processing of your personal data in Hips Checkout. Please, see Hips’s Privacy Statement for a full description of Hips’s processing of personal data. Further information can be received by emailing privacy@hips.com.

Cookies

Hips uses cookies. A cookie is a small text file sent from Hips’s web server and stored by your web browser in order to provide you access to certain functionalities. Hips uses cookies only for purposes strictly necessary for providing its services, such as, for the purpose of adapting Hips Checkout according to you and for internal analyses of how our websites are used. Cookies cannot harm your computer. Please see Hips's Cookie Statement for further information about how Hips uses cookies.

Changes, amendments and other services

Hips changes and improves its services on a regular basis and reserves the right to change the Terms for the further use of Hips Checkout.

We encourage you to read the terms before each new purchase with Hips Checkout. For other services provided by Hips, the terms and conditions for each service apply and can be found on www.hips.com.

Links to or from other websites

Hips does not approve or control any third party website or application and we are not responsible or in any way liable for their content. If you use such websites or applications from third party, the terms and conditions for those apply. Hips DISCLAIMS ALL LIABILITY IN CONNECTION WITH THIRD PARTY WEBSITES.

Communication

All communication, information and contractual terms under these Terms will be in English.

DISCLAIMERS

HIPS CHECKOUT, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH HIPS CHECKOUT, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HIPS, ITS AFFILIATES, AND THEIR AGENTS, MERCHANTS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY HIPS CHECKOUT, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH HIPS CHECKOUT. EACH DISCLAIMING ENTITY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE DISCLAIMING ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS. THE DISCLAIMING ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT, OFFER, OR REWARD PROGRAM ITEM INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS ACCURATE.

Limitations of Liability; Force Majeure

IN NO EVENT SHALL ANY DISCLAIMING ENTITY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE DISCLAIMING ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO these Terms of Service EXCEED €10 Euro. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

Governing law and jurisdiction

These Terms are governed by Swedish law. You and we both agree to submit to the non-exclusive jurisdiction of the Swedish courts.

Modification of Terms of Service

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Hips Checkout.

Notice

Notices and other communications to you may be made by mail, email, postings on the Hips Website or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the Hips Website. Notice to Hips may be made to Hips AB, Strandgatan 1, 30246 Halmstad, Sweden.

Miscellaneous

Hips may transfer its rights and obligations under these Terms to another organisation, and Hips will always notify you in writing if this happens, but this will not affect your rights or Hips's obligations under these Terms.

This contract is between you and us. Unless otherwise stated in these Terms, no other person has any rights to enforce any of its Terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Hips failure to exercise or enforce any right or provision of the Terms of Service will not be considered a waiver of that right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. these Terms of Service, including Hips’s policies governing Hips Checkout referenced herein, constitutes the entire agreement between you and Hips with respect to the use of Hips Checkout. These Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than you and Hips which each shall be a third party beneficiary of these Terms of Service, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service.

Complaints

Complaints can be submitted in writing or orally to Hips's dispute resolution department through the contact form on the homepage of Hips’s website at my.hips.com, via mail with the subject heading "Complaint” to the registered address, or e-mail to complaints@hips.com.

Hips will handle complaints in accordance with the guidelines from the Swedish Financial Services Authority (Finansinspektionen, FFFS 2002:23) regarding handling of complaints regarding financial services to consumers. If we are unable to resolve a complaint, you may refer your complaint to the Financial Ombudsman Service.

You may also refer Your complaint to the Swedish National Board for Consumer Disputes (ARN). Hips will participate in such proceedings and is obliged to do so under applicable law. Information on access requirements can be found on ARN’s website: http://arn.se/other-languages/english-what-is-arn/. You can submit your dispute in any official language of the European Union via the ODR-platform provided by the European Commission. The dispute will then be forwarded to ARN. You can find the ODR platform here:http://ec.europa.eu/consumers/odr/. You may also contact ARN in Swedish by postal mail or personally: Allmänna reklamationsnämnden, Postbox 174, 101 23 Stockholm, Sweden, Visitor Address: Kungsholmstorg 5, Stockholm.

You may also at all times contact the Swedish Data Inspection Board if you have any concerns.

Contact Us

If You have any questions about this Privacy Policy, please contact us at support@hips.com or at:

Hips AB.
Strandgatan 1
30246 Halmstad
SWEDEN

Sensitive Information. Because email communications are not always secure, please do not include credit card or other sensitive Data (such as racial or ethnic origin, political opinions, religion, health, or the like) in Your emails to us.

For Australian Users. If you are dissatisfied with our handling of any complaint You raise under this privacy policy, You may wish to contact the Office of the Australian Information Commissioner.